Why Lawyers Want Their Clients to Sign Durable Powers of Attorney Documents

Because a Chicago estate planning attorney cannot ethically prepare powers of attorney for a client that does not understand the nature of the documents at issue, it is important for individuals to obtain a durable power of attorney soon after receiving an Alzheimer’s diagnosis. Individuals appointing an agent must be able to comprehend that they have a choice whether or not to appoint an agent and are capable of making that choice.

An Alzheimer’s disease planning lawyer should go over the following questions with his clients before preparing powers of attorney:

  • Can the client trust the person they grant powers of attorney to carry out their wishes and act in their best interest? A durable power of attorney can convey a tremendous amount of power to the agent. This means that the appointment as an agent under a durable power of attorney comes with a tremendous amount of responsibility.
  • Does the client want the same person to make healthcare and financial decisions on their behalf? Many clients elect to appoint more than one person to act an agent under a durable power of attorney.
  • Who will act as a successor agent in the event that the primary agent is unable to act?
  • Are there any unresolved family conflicts that have not been addressed? Lawyers should be sure to communicate with all family members when making end-of-life planning decisions because implementing these choices can cause conflict.

An Alzheimer’s diagnosis can feel overwhelming but proper planning can ease the burden on clients and their loved ones. To speak to a Chicago Alzheimer’s planning attorney about the benefits of a durable power of attorney contact Peck Ritchey, LLC, for a consultation at (855) 328-5787.


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